Restons Solicitors, Arrow Global Vs Me... Help!

[TD888]

Sorry for the double post, took me a while to work out how to navigate this site. Think this one is in the correct place?

Hello everyone, I'm new here and at my wits end. I got home today to find a lovely letter on the mat telling me Restons Solicitors acting on behalf of Arrow Global (Aqua Credit Card) are issuing proceedings against me in the County Court Business Centre for £519.45 (With £85 legal fees!!)

I really cannot afford a CCJ on my credit reference account and I have spent all night deciding if I should defend myself against this claim or if I should write to them and try and settle this out of court (Don't think they'll be happy with £10 a month and that's literally all I can afford!)

Here's the basic info about the claim...
It's dated at the top of the letter as 28th June 2017
The Particulars say "The claimant claims payment of the overdue balance due from the defendant(s) under a contract between the defendant(s) and NewDay Ltd, Dated on or about Aug 05 2014 and assigned to the claimant on Oct 18 2016"
The initial balance is £434.45 but they've stuck of £35 for legal fees and £50 for Legal representatives costs.


What's the best way to proceed here? As yet I have not responded to the court application pack I was given.

I know very little about the specifics of law but I'm a fast learner - Should I dispute this? Should I just cave in and try and arrange something with them?

If anyone can help it's more than appreciated :/

(Weekend off to a great start!)

[TD888]

Re: Restons Solicitors, Arrow Global Vs Me... Help!

Okay as I understand it, if I decide to dispute the debt I have to...

- Respond to the claim online and say I intend to defend it and get the extension.
- Send the CCA to Aqua signed for delivery (Using the address for the "creditor" given on the CCJ form?)
- Send the CPR 31.14 Request to Restons signed for and await a snotty response?

How long do I give them to respond to me before I write my defense, which would basically be "they aren't sending me the documents I need" Could someone give me a rough timeline? 7 days strictly or 7 days plus 2 for delivery?

Also what's a postal order for sending the £1 fee and how do I get one? Don't suppose I can just be snotty myself and sellotape 100 pennies to a piece of A4?
Sorry if this all sounds jumbled and muddled, I'm pretty confused and a little scared about this.

TD

Edit: I've realised it will be more helpful if I include an image of the letter I recieved as I've just realised that this came from Arrow Global, So NewDay to Arrow, Arrow to Restons and now an application for a CCJ... Boy am I confused...

[warwick65]

Re: Restons Solicitors, Arrow Global Vs Me... Help!

Hi

As you say first job is to acknowledge online, you have 19 days from the date on the claim form. This can be done online
Once you have acknowledged the claim you then have a total of 33 days from the date on the claim form to get your defence in
If it were me I would acknowledge asap but wait until the last minute before submitting my defence - well last day or so

The CCA request does not go to AQUA but to Arrow Global
can you tell us the exact name of AG and the address on the claim form

Time scale, well I wouldn't worry too much about it, it is unlikely they will send it within the time frame but as long as they send it before court they would be covered.

I would also send a SAR to AQUA for all the data they hold on you

At this point I would not put anything anywhere about making an offer but if you do make sure you head the letter

'Without Prejudice' but that is for later

There is a thread by studly on here that shows pretty much how it could go if you look like you might lose.

Do not worry too much, it is only money and you can't go to prison for anything like a debt

A postal order is bought from a post office but there is a fee ( about 60p I think) . make sure it is crossed and made out to whoever you are sending it to

[TD888]

Re: Restons Solicitors, Arrow Global Vs Me... Help!

Thank you so much for your reply. The exact name on the form is "Arrow Global Limited" and the address is "Belvedere, 12 Booth Street, Manchester, M2 4AW" - I've actually just updated my post above to include a copy of the CCJ claim form... unfortunately it seems to have come out sideways...

It's just confused me that much more knowing that the original creditor was NewDay but Arrow Global must have bought the debt (I had no idea about this!)

[TD888]

Re: Restons Solicitors, Arrow Global Vs Me... Help!

No time like the present, I've just submitted my "acknowledgment of service" online. If my calculations are correct then the final day I can submit my defense is Monday the 31st July 2017...

I've written out a CCA addressed to Arrow Global and a CPR 31 addressed to Restons (Had a little trouble with the wording, I've just written the following...

To enable me to file my defence I require inspection of the following documents you mention in your statement of case ahead of filing my defence.
1. The original creditors Contract
2. The deed of Assignment

Hopefully that will be okay? I didn't just want to leave it as "Contract" and "Assignment".

So that I am sure - The aim here is that they will most likely be unable to provide these documents and therefore will not be able to continue their claim against me?

Also going to commence with a SAR for NewDay (Aqua) and see what they have to say for themselves. Does this one need to be sent recorded (signed for) too?

Final little question on my mind, does this fall under S77 or S78 of the Consumer Credit Act 1974?

Thank you so much for the help!

[MIKE770]

Re: Restons Solicitors, Arrow Global Vs Me... Help!

SAR recorded that is your evidence of received

[warwick65]

Re: Restons Solicitors, Arrow Global Vs Me... Help!

Hi
A credit card is S78

If you haven't posted them yet you could amend the wording to ask for the notice of assignment and the deed of assignment